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This document contains the Applicant's Heads of Argument and Practice Note filed by the City of Cape Town in the High Court of South Africa (Gauteng Division, Pretoria). The City is seeking a declaratory order regarding the interpretation of section 34 of the Electricity Regulation Act 4 of 2006 (ERA), arguing that a ministerial determination is not required for an independent power producer (IPP) to establish a new power plant and supply electricity to the City. The City contends that the current interpretation held by the National Energy Regulator of South Africa (Nersa) and the Minister of Energy is either legally incorrect or unconstitutional as it infringes upon the autonomy of local government.

The Department of Forestry, Fisheries and the Environment of South Africa has refused an application for Environmental Authorisation submitted by Karpowership SA (Pty) Ltd for a 540MW Gas to Power Powership Project at the Port of Ngqura. The refusal is based on significant failures in the Environmental Impact Assessment (EIA) process, including inadequate public consultation, missing critical specialist studies on underwater noise, and gaps in the provided environmental assessments.

The Department of Forestry, Fisheries and the Environment (DFFE) of South Africa has refused an application for Environmental Authorisation submitted by Karpowership SA (Pty) Ltd for a 540MW Gas to Power Powership Project at the Port of Richards Bay. The refusal is based on significant failures in the Environmental Impact Assessment (EIA) process, including inadequate public participation, contradictory specialist reports, and critical gaps in assessing impacts on marine and avian biodiversity.

The Department of Forestry, Fisheries and the Environment (DFFE) of South Africa has refused an application for Environmental Authorisation submitted by Karpowership SA (Pty) Ltd for a 415MW Gas to Power Powership Project at the Port of Saldanha. The refusal is based on significant failures in the Environmental Impact Assessment (EIA) process, including inadequate public consultation, gaps in specialist studies, and non-compliance with legislative requirements.

This responding statement, submitted by groundWork to the Department of Forestry, Fisheries and the Environment (DFFE), argues for the dismissal of Karpowership SA (PTY) Ltd’s appeal against the refusal of an Environmental Authorisation (EA) for a gas-to-power project in Richards Bay. groundWork contends that the project is neither necessary nor desirable, citing significant environmental risks, inadequate public participation, and the existence of more cost-effective, renewable energy alternatives.

This document is a Pollution Prevention Plan Annual Progress Report for Hillside Aluminium (Pty) Ltd, a South32 company. It outlines planned mitigation measures to reduce greenhouse gas (GHG) emissions, specifically focusing on reducing anode scallops and anode effects in the reduction process to lower CO2 and PFC emissions over a five-year period.

This document is a resubmitted Pollution Prevention Plan (PPP) from Hillside Aluminium (Pty) Ltd to the South African Department of Environmental Affairs (DEA), dated August 20, 2018. The resubmission follows a rejection of the initial June 21, 2018, filing due to missing pages and incorrect 2016 emission data. The report describes the aluminium production process at the Richards Bay facility and outlines a commitment to implement environmental projects over a five-year period.

The report argues that marine phosphate mining is unwarranted in South Africa because it would increase environmental phosphate flows and contamination. It proposes that a sustainable supply of phosphates can be achieved through 'loop-closure'—specifically recovering phosphorus from human and animal waste and improving fertilizer application efficiency in agriculture. A substance flow analysis indicates that approximately 164 kt/year of phosphorus enters the South African environment, with 133 kt/year potentially recoverable through recycling. The document concludes that terrestrial reserves are sufficient for 90–220 years, making the ecological risks of seabed mining unnecessary.

The document details South Africa's coal landscape, identifying the Highveld and Witbank coalfields as the largest by reserves. It provides a comprehensive inventory of mines, their ownership (including major entities like Anglo Coal, Exxaro, and BHP Billiton), and their production outputs for domestic power (primarily Eskom) and export markets. The report also analyzes the logistics chain, focusing on the Richards Bay Coal Terminal (RBCT) as the primary export hub, and provides detailed cost breakdowns for opencast mining and rail transport.

Mpumalanga is positioned as a strategic hub for South Africa's renewable energy transition due to its significant grid capacity and proximity to industrial demand. However, developers face substantial hurdles, including a lack of a public mining cadastre and delays in Section 53 land-use applications under the Mineral and Petroleum Resource Development Act. Environmental risks, specifically the lack of precise data on endangered bird flight paths, create uncertainty for wind projects. The document suggests short-term mitigations like the Energy One Stop Shop and Strategic Infrastructure Project registration, while advocating for long-term solutions such as a public mining rights database and comprehensive bird monitoring studies.

The document details a proof of concept (POC) conducted by Octotel and KepuGas in Cape Town to evaluate LPG as an alternative fuel for light delivery vehicles. Testing on a Nissan NP200 and a Fiat Fiorino demonstrated significant cost savings (between 39.8% and 44.2%) and a reduction in emissions, specifically an estimated 22% decrease in CO2 and 68% decrease in NOx compared to petrol. The study highlights LPG's potential as a transition fuel toward full decarbonisation, noting its safety, lower maintenance costs due to reduced carbon build-up, and the ability for fleet owners to claim VAT.

The COMPACT project's action research identifies significant challenges in South African municipal planning, including the tendency for Integrated Development Plan (IDP) cycles to be treated as compliance exercises and the presence of institutional silos. While best practices in public participation and technology use exist, the research highlights a need for increased youth engagement and capacity-building for ward committees to combat community distrust caused by project implementation failures.

The paper assesses the South African TVET system's capacity to support a green transition, specifically focusing on the Green Hydrogen Economy. It evaluates the existing Centres of Specialisation (CoS) model and pilot programmes from Bambili Advisory and the National Business Initiative (NBI) to recommend a flexible, demand-led approach to green skills development. The authors argue for a 'capabilities approach' over narrow occupational competencies to ensure a just transition for youth.

South Africa has increased its climate ambition by lowering its 2030 emission target upper limit from 614 Mt CO2-eq to 420 Mt CO2-eq. While the country leads Africa in green finance and has established a carbon tax, implementation of climate strategies remains slow. The COVID-19 pandemic initially diverted focus toward immediate socioeconomic needs, but later spurred the Economic Reconstruction and Recovery Plan. Conversely, the Ukraine war has increased global demand for South African coal, potentially incentivizing a rollback of decarbonization. The Just Energy Transition Partnership (JETP) provides critical financial support, but the transition is hindered by ongoing power shortages, reliance on new coal plants like Medupi and Kusile, and political sensitivity regarding job losses in the coal sector.

The document examines desalination as a potential water source for Cape Town, noting that while it provides a rainfall-independent supply, it is often the most expensive option and carries significant energy and environmental costs. It details existing small-scale plants in South African municipalities and warns against over-investing in large-scale facilities based on experiences in Australia.

The uMhlathuze Water Stewardship Partnership (UWASP) is a multistakeholder platform established following a severe drought in 2016 to address water scarcity and security in the uMhlathuze catchment. The catchment is a high-risk area where water demand is projected to rise, with Richards Bay alone expected to require 20 million m³ per annum by 2025. UWASP's new five-year strategy focuses on five strategic areas: integrated knowledge management, stakeholder mobilisation, capacity building, strengthening water governance, and implementing climate-aware water stewardship projects. Past successes include the development of real-time monitoring tools like FlowTracker, invasive alien plant strategies, and providing Good Agricultural Practices training to over 50 smallholder farmers.

The document outlines a collaborative effort between Mondi, WWF, the National Business Initiative (NBI), and the German Agency for International Cooperation (GIZ) to manage water resources in the uMhlathuze river catchment. Central to this is the uMhlathuze Water Stewardship Partnership (uWASP), established in 2016, which coordinates stakeholders across six sectors to address water security. Key achievements include the development of real-time monitoring tools (FlowTracker and Inwards Lite), the implementation of an Alien Invasive Plant (AIP) Strategy, and improvements in irrigation governance and wetland rehabilitation. The document highlights the critical nature of Strategic Water Source Areas (SWSAs) in South Africa and notes that water demand in the uMhlathuze catchment is projected to rise due to population growth and climate change, with Richards Bay expected to require 20 mcm/a by 2025.